Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1887-04-21
CONSTITUTING rHEISrER STATE LAW.

CONSTITUTING THE INTER STATE LAW.
Judge Deadly OF the United states Circuit
Court in Oregon Makes an Important De-
cisioR
PORTLAND, Ore, April Judge Dcady
in the United States circuit court OF ore
gon, has rendered decision as to the
scope and range of the Interstate com.
merce act, which Is of the highest import
ance, and virtually nullifes the long and
short hsnl clause OF the set, SO far as it
effect railroads that are competitors of
water routes. IL makes clear the distinc-
tI0n between commerce wholly within the
states and ..mmerce between the states
AID also explains She limitations OF the
act as TO the carriage OF goods between
the states by lines coma Getting witt ,ut
acting Independently OF each other and
not receiving goods for continuous car
riage or shipment
The case under consideration was that
of the receiver of the Oregon 6California
railroad company. q road lying wholly
within the state of Oregon. IL appears
from the petition that the receiver, act
ing under the instructions of the court,
has been carrying wheat and other Ggri-
cultural products OF the state, destined
TO San Francisco, from certain points
along the line OF the road wh,re there is
competition with the Oregon Pacific
Railroad company at special and lower
rates than If destined for Portland alone;
that the Oregon Pacific Railroad company
I is operating line of railway in commune
tion with line Of steamers between
YuquiHa bay, Oregon and San Francisco,
and is carrying freight to points ON the
/ Oregon d California road at cost, and
I that unless the receiver is allowed to make
a special rate for freight between tho
points subject to this conn etitiou, said
road will not be able TO retain It's share
of business. There was no agreement or
guarantee between the two roads on the
subject, nor is such freight ever shipped
on through bill of l9ding, or the one
1 party in any way made liable for the de
1 fault or miscarriage of the other road in
/ respect thereto, but each for itself ear
/ ries the same over it's own route, it bsing
understood by the shipper that if they
send goods by these lines, they will be
carried over each line at certain reduced
rate, and still tho Oregon d California
/ road and the Oregon Railway and Naviga-
!
management or arrangement for a con
/ tinuous carriage or shipment in any man
ner, unless the facts herein stated make
them so, and on this point the receiver
asks the advice and direction of the
court.
/ Judge Deadly rules first, as TO Inter
state commerce., that the transportation
I of property from one state 10 another
| is Interstate commerce, whether the car
riers are Engaged in moving 1t or the
vehicles in which il is borne across the
I line of the state or not.
Second, as to the Interstate Commerce
act that the act does not include or apply
To all carriers engaged in interstate com
merce, but only such as use a railway,
or q railway and V. ter craft "under cam
mon control management or arrange
ment for a continuous carriage or ship
ment of property from one state 70 an
other: nor does it apply to the carriage
of property by rail wholly within the
state, although shipped from or destined
20 a place without the state, so that such
place Is not foreign country.
Third, as to the case IN judgment, 1t Is
held that the Oregon and California
road ana steamers of tue Oregon Rail
way and Navigation company in the car
riage of the goods in question are no
used under any common contract man
agement or agreement for 4 contiuuoui
carriage or shipment" thereof, TO anc
from San Francisco, within the iuten
and meaAirg Of the act and that the car
riage and handling Of said goods, 30 fal
as the receiver is concerned, is performed
wholly within the state and therefor,
specially exempted by the terms Of the
act from its operation, provided ih'
same are not directly shipped to aLt
from foreign country.